The Work of Precognition Agents in Criminal Cases - Research Findings

This small exploratory study looked at precognition agents' work in interviewing prosecution witnesses on behalf of the defence in one Scottish city.

ISBN

Official Print Publication Date

Website Publication Date

November 03, 1999

Crime and Criminal Justice Research Findings No. 32 The Work of Precognition Agents in Criminal Cases

David J Christie and Susan R Moody University of Dundee

This small exploratory study looked at precognition agents' work in interviewing prosecution witnesses on behalf of the defence in one Scottish city. The aims of the research were to identify models of good practice for precognition work; locate any gaps in the preparation, training and guidance of precognition agents; and consider whether greater regulation of precognition agents is desirable and workable.

Main Findings

The vetting of precognition agents prior to recruitment appears to be highly informal and sporadic.

None of the thirteen respondent solicitors had carried out a criminal record check prior to selecting a precognition agent.

The training of precognition agents appears to be highly informal. Many precognition agents are ex-police officers and solicitors may assume that these precognition agents in particular do not require additional training.

Most of the precognition agents who were interviewed believed that they would benefit from more training, especially on interviewing vulnerable and difficult witnesses.

Solicitors and precognition agents wanted more information from the Crown about cases, including contact telephone numbers and on which charges witnesses were speaking.

There was support for the idea of the Crown providing a summary of its evidence.

The majority of witnesses who were interviewed did not think that they had been treated well by the precognition process and all but two of the nine witnesses in the sample made a complaint about it. Most witnesses wanted information beforehand about what the precognition agent was there to do.

Limitations of the Research

This project looked at the work of precognition agents in criminal cases. The research was limited to one Scottish city, and was compiled through questionnaires and interviews. The project may be seen as a small-scale pilot study which could either provide a limited snapshot of precognition taking or pave the way for more extensive research into this area.

The project was conducted in 1998 and was limited in its aims, relying on small samples taken from a restricted geographical area. The research findings were based on the contributions of thirteen solicitors, fifteen precognition agents and nine witnesses. In this research, all the precognition takers were non-solicitors. The views and experiences which have been reported are not, therefore, necessarily representative.

What is a Precognition?

A precognition is a statement taken from a witness to a crime before the case goes to trial. It is different from other witness statements because it cannot be put to the witness at the trial. Precognitions may be taken by the prosecution and by the defence and usually involve a face to face interview between the witness and the precognition taker. The precognition taker can be the defence solicitor, an employee or someone contracted to take the precognition.

Why are Precognitions Important?

The precognition of witnesses by the defence is an important feature of the Scottish criminal process. Although the Crown's case is disclosed in the charge (which states the date, location and nature of the alleged crime) it is through the process of precognition of Crown witnesses, that the defence is made aware of the strength of the Crown's case. Armed with the information contained in the precognitions, the defence can offer clients full advice on their position and prepare cases for trial if necessary.

Precognition taking is a distinctive feature of the Scottish system. In most other jurisdictions, including England and Wales, there is disclosure of the Crown's case which virtually removes the need for independent investigation by the defence.

The practice of precognition taking costs the taxpayer between £20 million and £27 million each year.

Who are Precognition Agents?

Most precognition agents in the sample were between 25 and 50, and either ex-police officers or law students. Just under half worked full-time as precognition agents and all but one had more than 12 months experience. Almost all were self employed, earning between £4 and £8 an hour. None of them were solicitors.

Vetting and Training

None of the solicitors interviewed carried out a criminal record check on prospective precognition agents. Only a minority interviewed applicants before selecting them. No other forms of assessment were used except word of mouth recommendations. A small minority of solicitors provided training, which was generally 'on the job'.

Taking Precognitions

In most cases all the Crown witnesses will be precognosced by the defence. The majority of solicitors send a letter to the witness, who is then contacted by the precognition agent. However, in some cases visits are made unannounced to the witness's home.

Precognition agents are not usually given specific instructions and there are no procedural requirements governing precognition taking. Most precognition agents felt that they should test the witness's credibility. Those who were interviewed found the most difficult part of the job to be tracing witnesses but considered that most witnesses were co-operative.

Are Vulnerable Witnesses Treated Differently?

Precognition agents said that there were problems in identifying vulnerable witnesses. Apart from children who were usually precognosced only with their parents present, no special arrangements were generally made.

Were Witnesses Satisfied with the Precognition Taking?

Witnesses in the sample differed in their perceptions of precognition taking. Some found it satisfactory, others were confused and a few were angry because they did not want to 'help the defence'.

Suggestions for Improvements

Precognition Agents

Better vetting procedures

Training on and off the job

Accreditation

Witnesses

Better identification of vulnerable witnesses

More information for witnesses about the purpose of precognitions

Greater flexibility for witnesses in the arrangements for taking precognitions

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